Slivak v Lurgi (Australia) Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, GUMMOW, HAYNE AND CALLINAN JJZDENKO JOSIP SLIVAK & ANOR   APPELLANTSANDLURGI (AUSTRALIA) PTY LTD & ANOR  RESPONDENTSSlivak v Lurgi (Australia) Pty Ltd[2001] HCA 615 February 2001A18/2000ORDERAppeal dismissed with costs.On appeal from the Supreme Court of South AustraliaRepresentation:C J Kourakis QC with A L Tokley for the appellants (instructed by Moran & Partners)R C White QC with A V Possingham for the first respondent (instructed by Kelly & Co)No appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSlivak v Lurgi (Australia) Pty LtdWorkers' Compensation (SA) – Injury – Statutory duty – Workman injured by collapse of structure negligently erected by employer – Structure could not have collapsed if erected according to design – Whether designer in breach of s 24(2a)(a) of the Occupational Health, Safety and Welfare Act 1986 (SA) in failing to incorporate in the design elements to remove risks arising from negligent erection of structure.Words and phrases – "so far as is reasonably practicable".Occupational Health, Safety and Welfare Act 1986 (SA), ss 23, 24.Workers Rehabilitation and Compensation Act 1986 (SA), s 54.GLEESON CJ, GUMMOW AND HAYNE JJ.   This is an appeal from a decision of the Full Court of the Supreme Court of South Australia (Doyle CJ, Bleby and Martin JJ), dismissing an appeal from a decision of Prior J.  At both levels, the first appellant ("Mr Slivak") and second appellant ("Mrs Slivak") were unsuccessful.  Mr Slivak pleaded...